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  • Article

    Déjà Vu: The 5th Circuit Hears Yet Another Challenge To Constitutionality Of An Administrative Agency

    In the past couple years, the Federal Trade Commission has gone 0 for 2 before the Supreme Court. In AMG, the Court found that Section 13(b) of the FTC Act does not provide the Commission...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FTC And Six States Announce Settlement Over Fake Reviews And Claims

    A year ago, the FTC and six states filed a lawsuit against Roomster and its owners, alleging that they had posted "tens of thousands of fake positive reviews to bolster their false claims that properties listed on their Roomster platform are real, available, and verified."
    United StatesConsumer Protection
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
  • Article

    FTC Announces $7.5 Million Settlement Over Cancellation Practices

    In July, the Eighth Circuit vacated the FTC's ​"Click to Cancel Rule." At the time, we noted that although the FTC was unlikely to try to resurrect the Rule...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FTC Assesses Primary Purpose Of Emails In CAN SPAM Enforcement

    As most people know – either from professional or personal experience – the CAN SPAM Act requires companies who send "commercial" email messages to give consumers...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    NAD Determines 100% Claims Aren’t 100% Clear (Podcast)

    The National Advertising Division (NAD) recently examined how consumers interpret absolute claims in advertising, particularly those using "100%" messaging.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    NAD Reviews Discount Claims

    Guardian Bikes faced scrutiny from the National Advertising Division over its "40% OFF" claims and countdown timers, raising questions about whether consumers might interpret everyday competitive pricing as temporary discounts. The case highlights growing regulatory attention to how companies communicate sales and limited-time offers, with implications for marketers using similar promotional tactics.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    State AG Election Update

    State attorneys general are the primary enforcers of consumer laws within their states and their activities and enforcement actions can have great impact on businesses and consumers.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    State AGs And Consumer Protection: What We Learned From . . . Connecticut Part II

    Our State AG webinar series continued with Connecticut Attorney General William Tong and Chief of the Privacy Consumer Protection Section Michele Lucan.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    State Attorneys General 2022 Predictions

    State Attorneys General are already off to the races in 2022 – both with a significant number of election campaigns in full swing and an uptick in their consumer protection enforcement efforts.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    State Attorneys General: Big Tech Update

    As we've previously reported, the fight against "big tech" remains a high priority for State Attorneys General on both sides of the aisle.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    (Un) Check Your Checkboxes: States Not Preempted By FECA

    On January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix

    Yesterday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Washington Attorney General Cracks Down On Fake Reviews

    We have previously discussed the emphasis that the FTC has put on fake reviews throughout 2022, with proposed updates to the Endorsement Guides and a proposed rule to combat fake reviews in addition to enforcement efforts.
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    With Partisan Tensions Running High, House Passes Legislation To Strengthen FTC's 13(b) Enforcement Authority

    On July 20, the U.S. House of Representatives passed H.R. 2668, the Consumer Protection and Recovery Act, to clarify the Federal Trade Commission's enforcement authority under Section 13(b) of the FTC Act. H.R. 2668...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    DOL Issues New Guidance On The Duration Of Its COVID-19 Outbreak Period Relief

    As described in our client advisories of May 6, 2020 and February 11, 2021, the Department of Labor (the "DOL") temporarily suspended the deadlines for employee benefit plan participants...
    United StatesCoronavirus (COVID-19)
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Federal Trade Commission's CBD Crackdown: Something Old And Something New

    This week the FTC announced settlements with six companies accused of making a broad range of unsubstantiated health claims, including that CBD can treat cancer...
    United StatesCorporate/Commercial Law
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FTC Extends Compliance Deadline For Negative Option Or ​"Click To Cancel" Rule, But Indicates Intent To Enforce As Written In July

    Late Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the ​"Click to Cancel Rule."
    United StatesCorporate/Commercial Law
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Justice Department Files Appeal In CTA Enforceability Case

    As discussed in our previous client advisory, earlier this month, the U.S. District Court for the Northern District of Alabama entered a final declaratory judgment...
    United StatesCorporate/Commercial Law
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Reflections On Fat Bear Week

    Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it's like a reality show in which the contestants are bears...
    United StatesCorporate/Commercial Law
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    SEC Stays Climate Disclosure Rules After Legal Challenges Consolidated In MDL

    On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) issued a stay of its final rules on climate-related disclosures.
    United StatesCorporate/Commercial Law
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Showing 881–900 of 2349 results

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